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Marine Insurance Act 1906

6 Edw. 7 c. 41 · Enacted 21 December 1906 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 12 August 2016.

An Act to codify the Law relating to Marine Insurance.

[21st December 1906]C1C2

Annotations to the whole text

Modifications

C1

This Act is not necessarily in the form in which it has effect in Northern Ireland

C2

Act extended by S.I. 1972/971, art. 4, Sch. 15

Contents

  1. Part: Marine Insurance
  2. 1Marine insurance defined.
  3. 2Mixed sea and land risks.
  4. 3Marine adventure and maritime perils defined.
  5. Part: Insurable Interest
  6. 4Avoidance of wagering or gaming contracts.
  7. 5Insurable interest defined.
  8. 6When interest must attach.
  9. 7Defeasible or contingent interest.
  10. 8Partial interest.
  11. 9Re-insurance.
  12. 10Bottomry.
  13. 11Master’s and seamen’s wages.
  14. 12Advance freight.
  15. 13Charges of insurance.
  16. 14Quantum of interest.
  17. 15Assignment of interest.
  18. Part: Insurable Value
  19. 16Measure of insurable value.
  20. Part: Disclosure and Representations
  21. 17Insurance is uberrimæ fidei.
  22. 18Disclosure by assured. Repealed
  23. 19Disclosure by agent effecting insurance. Repealed
  24. 20Representations pending negotiation of contract. Repealed
  25. 21When contract is deemed to be concluded.
  26. Part: The Policy
  27. 22Contract must be embodied in policy.
  28. 23What policy must specify.
  29. 24Signature of insurer.
  30. 25Voyage and time policies.
  31. 26Designation of subject-matter.
  32. 27Valued policy.
  33. 28Unvalued policy.
  34. 29Floating policy by ship or ships.
  35. 30Construction of terms in policy.
  36. 31Premium to be arranged.
  37. Part: Double Insurance
  38. 32Double insurance.
  39. Part: Warranties, &c.
  40. 33Nature of warranty.
  41. 34When breach of warranty excused. Repealed
  42. 35Express warranties.
  43. 36Warranty of neutrality.
  44. 37No implied warranty of nationality.
  45. 38Warranty of good safety.
  46. 39Warranty of seaworthiness of ship.
  47. 40No implied warranty that goods are seaworthy.
  48. 41Warranty of legality.
  49. Part: The Voyage
  50. 42Implied condition as to commencement of risk.
  51. 43Alteration of port of departure.
  52. 44Sailing for different destination.
  53. 45Change of voyage.
  54. 46Deviation.
  55. 47Several ports of discharge.
  56. 48Delay in voyage.
  57. 49Excuses for deviation or delay.
  58. Part: Assignment of Policy
  59. 50When and how policy is assignable.
  60. 51Assured who has no interest cannot assign.
  61. Part: The Premium
  62. 52When premium payable.
  63. 53Policy effected through broker.
  64. 54Effect of receipt on policy.
  65. Part: Loss and Abandonment
  66. 55Included and excluded losses.
  67. 56Partial and total loss.
  68. 57Actual total loss.
  69. 58Missing ship.
  70. 59Effect of transhipment, &c.
  71. 60Constructive total loss defined.
  72. 61Effect of constructive total loss.
  73. 62Notice of abandonment.
  74. 63Effect of abandonment.
  75. Part: Partial Losses (including Salvage and General Average and Particular Charges)
  76. 64Particular average loss.
  77. 65Salvage charges.
  78. 66General average loss.
  79. Part: Measure of Indemnity
  80. 67Extent of liability of insurer for loss.
  81. 68Total loss.
  82. 69Partial loss of ship.
  83. 70Partial loss of freight.
  84. 71Partial loss of goods, merchandise, &c.
  85. 72Apportionment of valuation.
  86. 73General average contributions and salvage charges.
  87. 74Liabilities to third parties.
  88. 75General provisions as to measure of indemnity.
  89. 76Particular average warranties.
  90. 77Successive losses.
  91. 78Suing and labouring clause.
  92. Part: Rights of Insurer on Payment
  93. 79Right of subrogation.
  94. 80Right of contribution.
  95. 81Effect of under insurance.
  96. Part: Return of Premium
  97. 82Enforcement of return.
  98. 83Return by agreement.
  99. 84Return for failure of consideration.
  100. Part: Mutual Insurance
  101. 85Modification of Act in case of mutual insurance.
  102. Part: Supplemental
  103. 86Ratification by assured.
  104. 87Implied obligations varied by agreement or usage.
  105. 88Reasonable time, &c. a question of fact.
  106. 89Slip as evidence.
  107. 90Interpretation of terms.
  108. 91Savings.
  109. 92, 93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  110. 94Short title.
  111. Schedule FIRST: Form of Policy
  112. Lloyd’s S.G. policy
  113. Rules for Construction of PolicyPart Rules for Construction of Policy
  114. 1Lost or not lost.
  115. 2From.
  116. 3At and from.
  117. 4From the loading thereof.
  118. 5Safely landed.
  119. 6Touch and stay.
  120. 7Perils of the seas.
  121. 8Pirates.
  122. 9Thieves.
  123. 10Restraint of princes.
  124. 11Barratry.
  125. 12All other perils.
  126. 13Average unless general.
  127. 14Stranded.
  128. 15Ship.
  129. 16Freight.
  130. 17Goods.
  131. Schedule SECONDSchedule SECOND